Civil Litigation
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Total Injunction Cases: 2
In a claim filed against an attorney for missing the statute of limitations in an uninsured motorist case, the attorney is not permitted to claim a setoff under either section 768.041(2) or section 768.76(1), Florida Statutes. Here, because the case didn
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Case was remanded to the state court on the grounds that the defendants were not fraudulently joined. To make this determination, the court found that the plaintiff did not join other defendants from whom the plaintiff had no basis for discovery. Plaintiffs are not required to invoke every possible claim, and therefore may choose not to invoke claims that would subject the case to removal in federal court. Because the plaintiff and at least one individual defendant were citizens of Florida, the district court did not have original jurisdiction.
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